[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/hca1781193.txt

[New search] [Help]

HABEAS CORPUS ACT (IRELAND) 1781

HABEAS CORPUS ACT (IRELAND) 1781 - LONG TITLE

An Act for better securing the Liberty of the Subject.{1} >Preamble.
[{8}prison], or where any person is sent by order of any [{5}judge
of the Crown Court] or justice of the peace to . . .{4}
[{8}prison]
, or where the prisoner is removed from one prison or place to
another within the same county, in order to his or her trial or
discharge in due course of law, or in case of sudden fire or
infection, or other necessity; and if any person or persons shall
after such commitment aforesaid, make out and sign or counter-sign
any warrant or warrants for such removal aforesaid, contrary to this
act, as well he that makes or signs, or counter-signs such warrant
or warrants, as the officer or officers that obey or execute the
same, shall suffer and incur the pains and forfeitures in this act
before mentioned, both for the first and second offence respectively,
to be recovered in manner aforesaid, by the party grieved.

S.IX rep. by 1978 c.23 s.122(2) sch.7 Pt.IIX. PROVIDED always, That
no person or persons shall be sued, impleaded, molested or troubled
for any offence against this act, unless the party offending be
sued or impleaded for the same within two years at the most after
such time wherein the offence shall be committed, in case the party
grieved shall not be then in prison, and if he shall be in
prison, then within the space of two years after the decease of
the person imprisoned, or his or her delivery out of prison, which
shall first happen.

Ss.XI, XII rep. by 1978 c.23 s.122(2) sch.7 Pt.II. S.XIII rep. by
SLR 1953. S.XIV rep. by SLR (I) 1879

XV. . . . where any person shall appear to be committed by any
judge or justice of the peace and charged [with any arrestable
offence, which offence] shall be plainly and specially expressed in
the warrant of commitment, that such person shall not be removed or
bailed by virtue of this act, or in any other manner than they
might have been before the making of this act. His Majesty, heirs and successors, by
letters patent may limit how, &c. said sum of #600,000 or any part
thereof may be assigned, &c. and to incorporate said subscribers,
their executors, &c. a body politick and corporate, by the name of
the Governor and Company of the Bank of Ireland, to have perpetual
succession, purchase, plead, &c. by said name. A>III. I T shall and
may be lawful to and for your Majesty, your heirs and successors,
by letters patent under the great seal of Ireland, to limit,
direct, and appoint, how and in what manner and proportions, and
under what rules and directions the said sum of six hundred
thousand pounds sterling, and every or any part or proportion
thereof, may be assignable or transferable, assigned or transferred
to such person or persons only as shall freely and voluntarily
accept of the same, and not otherwise, and to incorporate all and
every such subscribers and contributors, their executors,
administrators, successors, or assigns, to be one body politick and
corporate, by the name of the Governor and Company of the Bank of
Ireland; and by the same name of the Governor and Company of the
Bank of Ireland, to have perpetual succession, and a common seal;
and that they and their successors, by the name aforesaid, shall be
able and capable in law, to have, purchase, receive, possess ,
enjoy, and retain to them, and their successors, lands, rents,
tenements and hereditaments of what kind, nature, or quality soever,
and also to sell, grant, alien, demise, or dispose of the same;
and by the same name to sue and implead, and be sued and
impleaded, answer and be answered in courts of record, or any other
places whatsoever, and to do and execute all and singular other
matters and things by the name aforesaid, that to them shall or
may appertain to do, subject nevertheless, to the proviso or
condition of redemption herein after mentioned. N>> S.VIII rep. by
SLR 1948 >And to prevent monopolization by said corporation, it is
enacted they nor any one in trust for them shall deal or trade
for goods, &c. with the stock of said corporation save as
hereafter, IX. A ND to the intent that your Majesty's subjects may
not be oppressed by the said corporation by their monopolizing any
goods, wares, or merchandizes: the said corporation, so to be made
and created, shall not at any time, during the continuance thereof,
deal or trade, or permit or suffer any person or persons
whatsoever, either in trust, or for the benefit of the said
corporation, to deal or trade with any of the stock, monies, or
effects of, or any ways belonging to the said corporation, in the
buying or selling of any goods, wares, or merchandizes whatsoever
save as herein after mentioned; and every person or persons, who
shall so deal or trade, or by whose orders or directions, such
dealing or trading shall be made, prosecuted, or managed for, or in
any manner, on behalf of |such corporation as aforesaid, shall
forfeit for every such dealing or trading, and for every such order
and direction, treble the value of the goods and merchandizes so
traded for, . . .{2} provided, that nothing herein contained, shall
in any ways |be construed to hinder the said corporation from
dealing in bills of exchange, or in buying or selling bullion,
gold, or silver, or in selling any goods, wares, or merchandizes
whatsoever, which shall really and bona fide, be left or deposited
with the said corporation, for money lent and advanced thereon, and
which shall not have been redeemed at the time agreed on, or
within three months after, or from selling such goods as shall or
may be the produce of lands purchased by the said corporation.
>Bills of said corporation assignable by indorsement, X. P ROVIDED
always, That all and every bill or bills, obligatory, and of
credit, under the seal of the said corporation, made or given to
any person or persons, shall and may, by indorsement thereon, under
the hands of such person or persons, be assignable and assigned to
any person or persons who shall voluntarily accept the same, and so
by such assignee, toties quoties, by indorsement thereupon; and that
such assignment and assignments so to be made, shall |absolutely
vest and transfer the right and property in and unto such bill or
bills, obligatory and of credit, and the monies due upon the same;
and that the assignee or assignees shall and may sue for, and
maintain an action thereupon, in his or her own name. >If governor,
&c. of said corporation shall at any time on account of said
corporation, purchase any lands or revenues of the crown, or lend
any money to your Majesty, &c. by way of loan upon any branch of
your revenue except that branch where a credit of loan is given by
parliament under penalty of treble the sum lent. A>XI. P ROVIDED
always, That if the governor, deputy governor, directors, managers,
assistants, or other members of the said corporation, so to be
established, shall, upon account of the said corporation, at any
time or times, purchase any lands or revenues belonging to the
crown, or advance or lend to your Majesty, your heirs or
successors, any sum or sums of money, by way of loan, or
anticipation, on any part or parts, branch or branches, fund or
funds of the revenues granted, or belonging to, or hereafter to be
granted to your Majesty, your heirs or successors, other than such
fund or funds, part or parts, branch or branches of the said
revenue only, on which a credit of loan is or shall be granted by
Parliament, that then the said governor, deputy governor, directors,
managers, or assistants, or other members of the said corporation,
who shall consent, agree to, or approve of, the advancing or
lending to your Majesty, your heirs or successors, such sum or sums
of money as aforesaid; and each and every of them so agreeing,
consenting, or approving, and being thereof lawfully convicted, shall
for every such offence, forfeit treble the value of every such sum
or sums of money so lent, . . .{2}. >No amerciaments, &c. against
said corporation, shall be discharged by privy signet, &c. XII. P
ROVIDED always, That all amerciaments, fines, and issues against the
said corporation, and their successors, to be had, charged, or
estreated in or upon account of any suits or actions, to be
prosecuted or brought against them, shall not be pardoned, acquitted,
or discharged, by any letters of signet, privy seal, or great seal
of your Majesty, your heirs or successors, or otherwise howsoever;
and in case any such amerciaments, fines, or issues, shall be
estreated into your Majesty's exchequer, against the said corporation,
upon any process for non-appearance, at the suit of any person or
persons, |that then it shall and may be lawful to and for the
officers of your Majesty's exchequer for the time being, and they
are hereby directed to detain so much money out of the annual
interest or produce of the said sum of six hundred thousand pounds,
as the said amerciaments, fines, or issues, shall amount unto, out
of the said yearly sum, so payable to the said corporation. >And
if any person shall obtain any judgment against said corporation and
shall bring execution thereon to officer of exchequer, said officer
shall pay the sum in said execution to the plaintiff, and deduct
from the annual sum payable to said corporation. A>XIII. A ND
further if at any time hereafter any person or persons shall obtain
any judgment or judgments in any court of law, against the said
corporati